Sleep apnea decisions — 2023

The Board has decided that the Veteran's sleep apnea may be related to his service-connected epilepsy, but more information is needed to determine if the sleep apnea was aggravated by the epilepsy.

The Veteran's claims for service connection related to various conditions have been reopened, with the effective date of the award being May 17, 2016. The rating for migraine headaches has been increased to 30 percent prior to April 25, 2018, and denied thereafter.

The Board has determined that the Veteran's sleep apnea is caused or aggravated by his service-connected PTSD, and thus grants service connection for sleep apnea as secondary to PTSD.

The Board has determined that the Veteran's degenerative disc disease, lumbosacral spine, is service-connected. However, the claim for erectile dysfunction remains pending and requires further medical evaluation to determine its etiology.

The Board has decided to remand the case due to inadequate opinions in the previous decision regarding service connection for sleep apnea. The Veteran's statements and lay evidence are considered, and a new VA opinion is needed to address direct and secondary service connection.

The Veteran's claim for a rating in excess of 10 percent for lumbosacral strain, spinal stenosis and degenerative disc disease with scar is remanded due to the need for additional examination to assess the extent of functional loss during flare-ups.

The Veteran's PTSD, right shoulder injury, tender scars, asthma, and sleep apnea disabilities were denied increased ratings. The Veteran was not working due to his service-connected conditions but returned to work.

The Board has remanded the Veteran's claims for service connection for lumbar spine, cervical spine, and sleep apnea disabilities due to incomplete STRs and outstanding treatment records. The Veteran will be provided an opportunity to submit additional evidence or argument at the RO level.

The Board has remanded the case for further development, including a VA examination to determine the current severity of the Veteran's service-connected PTSD and to clarify his respiratory condition. The issues on appeal are whether he can establish service connection for obstructive sleep apnea and a respiratory disability (likely tuberculosis), as well as an increased rating for PTSD.

The Veteran's PTSD had a factually ascertainable increase in disability as of December 30, 2015. The Board granted a 100 percent rating for PTSD effective from that date. Service connection was denied for a cervical spine/neck disorder and remanded for further examination and opinion regarding migraine headaches, herpes simplex virus, obstructive sleep apnea, and TDIU.

The Veteran's claims for service connection for right and left shin splints, as well as his initial evaluations for obstructive sleep apnea and lumbosacral strain with degenerative arthritis of the spine have all been denied.

The Board has remanded the claims for service connection for rectum disorder, diabetes mellitus, and obstructive sleep apnea due to incomplete development of evidence and need for additional medical opinions.

The Board has found that the Veteran's sleep apnea, hypertension, and congestive heart failure may be related to service. However, due to a lack of VA examinations addressing these claims, the case is being remanded for further development.

The Board has determined that the Veteran's claims for higher ratings for his lumbar spine strain and radiculopathy disabilities are remanded due to the need for new VA examinations and the need to obtain outstanding private treatment records.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's sleep apnea, specifically whether it is secondary to his service-connected PTSD. The VA must provide a medical examination and opinion to address these issues.

The Board has denied the Veteran's claims for service connection for sleep apnea and abdominal aortic aneurysm, finding that there is no direct evidence linking these conditions to his military service or any service-connected disability. The Board also found insufficient evidence to establish secondary service connection.

The Veteran's service-connected PTSD is granted, and he is awarded an initial rating of 70 percent. Service connection for obstructive sleep apnea as secondary to his PTSD is also granted. Service connection for allergic rhinitis on a direct basis is granted.

The Board has determined that the Veteran's obstructive sleep apnea had its onset during his active service and granted service connection for this condition.

The Board has decided to remand the case due to questions about whether the Veteran's currently diagnosed Obstructive Sleep Apnea (OSA) is related to his service, specifically his presumed exposure to fine particulate matter in the Southwest Asia theater of operations during the Gulf War. The VA will attempt to obtain private treatment records and schedule a VA examination for an opinion on this issue.

The Veteran's service-connected disabilities, including asthma with chronic bronchitis and obstructive sleep apnea, have rendered him unable to secure or follow a substantially gainful occupation since January 13, 2022.